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CHAPMAN v. HIGBEE CO.

No. 99-3970.

319 F.3d 825 (2003)

Lynette CHAPMAN, Plaintiff-Appellant, v. The HIGBEE COMPANY, d/b/a Dillard Department Stores, Inc., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 11, 2003.

Attorney(s) appearing for the Case

David R. Grant (argued and briefed), Smith & Condeni, Cleveland, OH, for Plaintiff-Appellant.

Gregory E. O'Brien, Timothy D. Johnson, Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, John B. Lewis (argued and briefed), Thomas J. Piatak (briefed), Baker & Hostetler, Cleveland, OH, for Defendant-Appellee.

Gino J. Scarselli, (briefed), Richmond Heights, OH, for Amicus Curiae American Civil Liberties Union.

Michael W. Donaldson (briefed), Thomas M. Tarpy (briefed), Michael R. Thomas, Vorys, Sater, Seymour Pease, Columbus, OH, for Amici Curiae Ohio Council of Retail Merchants, Kentucky Retail Federation Inc., Michigan Retailers Association and Tennessee Council of Retail Merchants.

Before MARTIN, Chief Circuit Judge; BOGGS, SUHRHEINRICH, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

BOYCE F. MARTIN, Jr., C.J., delivered the opinion of the court, in which DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, JJ., joined. SUHRHEINRICH, J., delivered a separate dissenting opinion, in which BOGGS and BATCHELDER, JJ., joined.

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

Lynette Chapman brought suit against the Higbee Company, doing business as Dillard's Department Store, after a Dillard's security officer stopped and searched her. Chapman...

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